California Code of Regulations
Title 22 - Social Security
Division 6 - Licensing of Community Care Facilities
Chapter 9.5 - Foster Family Homes
Article 2 - Administrative
Section 89255 - Penalties for Unlicensed Homes

Universal Citation: 22 CA Code of Regs 89255

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) A penalty of $200 per day shall be assessed for the operation of an unlicensed home under either of the following conditions:

(1) The operator has not submitted a completed application for licensure within 15 calendar days of issuance of the Notice of Operation in Violation of Law (LIC 195) and continues to operate.
(A) For purposes of this section, an application shall be deemed completed if it includes the information required in Section 89218, Application for License.

(B) The completed application shall be deemed to be submitted when received by the licensing agency.

(2) Unlicensed operation continues after denial of the initial application.
(A) Notwithstanding any appeal action, home operation must cease within 10 calendar days of the mailing of the notice of denial or upon receipt of the denial notice by the operator, whichever occurs first.

(b) The $200 per day penalty shall be assessed for the continued operation of an unlicensed home as follows:

(1) On the 16th calendar day after the operator has been issued the Notice of Operation in Violation of Law (LIC 195), and has not submitted a completed application as required.
(A) The $200 per day penalty shall continue until the operator ceases operation or submits a completed application pursuant to subsections 89255(a)(1)(A) and

(B).

(2) Within 10 calendar days of the mailing of the notice of denial or upon receipt of the denial or upon receipt of the denial notice by the operator, whichever occurs first.
(A) The $200 per day penalty shall continue until the operator ceases operation.

(c) If the unlicensed operator or his/her representative reports to the licensing agency that unlicensed operation, as defined in Health and Safety Code section 1503.5 has ceased, the penalty shall cease as of the day the licensing agency receives the notification.

(1) A site visit shall be made immediately or within five working days to verify that the unlicensed home operation has ceased.

(2) Notwithstanding (c) above, if the unlicensed home operation has not ceased, penalties shall continue to accrue without interruption from the date of initial penalty assessment.

(d) All penalties shall be due and payable upon receipt of the Notice for Payment from the licensing agency, and shall be paid by check or money order made payable to the agency indicated in the notice.

(e) The licensing agency shall have the authority to file a claim in a court of competent jurisdiction to take other appropriate action for failure to pay penalties as specified in (d) above.

(f) Payment of civil penalties or application for licensure in response to a citation under this section do not permit the operation of a foster family home without a license.

1. Renumbering of former section 87054 to section 89255, including amendment of section and NOTE, filed 6-26-2002 as an emergency; operative 7-1-2002 (Register 2002, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-29-2002 or emergency language will be repealed by operation of law on the following day.
2. Renumbering of former section 87054 to section 89255, including amendment of section and NOTE, refiled 10-28-2002 as an emergency; operative 10-29-2002 (Register 2002, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-26-2003 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-28-2002 order transmitted to OAL 2-25-2003 and filed 4-9-2003 (Register 2003, No. 15).
4. Amendment of section heading, section and NOTE filed 3-4-2010; operative 4-3-2010 (Register 2010, No. 10).

Note: Authority cited: Sections 1530 and 1530.5, Health and Safety Code; and Section 21 of Assembly Bill (AB) 1695 (Chapter 653, Statutes of 2001). Reference: Sections 1501, 1503, 1503.5, 1508, 1520, 1531, 1533, 1534, 1538, 1540, 1540.1, 1541, 1547 and 1549, Health and Safety Code.

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